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Michigan Medical Collections: The “One-Year Back” Rule & The No-Fault Trap

Given Michigan’s unique intersection of “No-Fault” auto insurance laws and rigid garnishment reporting rules, it is crucial to partner with a specialist who understands the local Public Health Code. Attempting do-it-yourself collection here doesn’t just risk lower recovery—it risks permanently extinguishing your right to payment under the strict “One-Year Back” rule.

For revenue cycle directors in Michigan—whether you are with a major system like Henry Ford Health or a private practice in Grand Rapids—collecting medical debt requires navigating one of the most complex insurance environments in the country.

If your agency treats a “PIP Claim” the same way they treat a standard “Health Insurance” balance, they aren’t just failing to collect—they are actively letting your legal claim expire. We act as a specialized revenue firewall, protecting you from the administrative traps hidden in Michigan’s statutes.

Need a Medical Collection Agency? Contact us


Deep Analysis: The Three “Revenue Leaks” in Michigan

Collecting in the Great Lakes State requires a strategy that accounts for specific legislative pitfalls. Here is why standard national agencies fail here:

1. The “One-Year Back” Rule (No-Fault Auto)

  • The Law: Under Michigan’s No-Fault Act (MCL 500.3145), you generally have only one year from the date of service to file a lawsuit against an auto insurer for unpaid medical bills.

  • The Risk: Many agencies treat auto-accident accounts like standard bad debt, letting them sit in a queue for months. If they wait 12 months and 1 day, your claim is extinguished forever. You cannot sue the insurer, and strict balance-billing rules often prevent you from billing the patient.

  • Our Solution: We flag all “MVA” (Motor Vehicle Accident) accounts upon intake. If the Date of Service is approaching the 10-month mark, we expedite the file to our legal team to preserve your rights before the statute expires.

2. The “6-Month Garnishment” Disclosure

  • The Law: Michigan allows wage garnishment until the debt is paid (unlike states where it expires quickly). However, there is a catch: The creditor must provide a statement of the remaining balance to the employer and defendant every 6 months.

  • The Risk: “Set it and forget it” agencies often fail to send these mandatory updates. This creates a valid defense for the debtor to have the garnishment dismissed and can even compel you to return collected funds.

  • Our Solution: Our system automatically generates and mails these 6-month statutory updates, ensuring your revenue stream doesn’t dry up due to a clerical error.

3. The Strict “100-Day” Lien Limit

  • The Law: Michigan’s Hospital Lien Act is much tighter than other states. You can only place a lien on a patient’s tort settlement for the first 100 days of treatment (following the accident).

  • The Risk: Filing a lien for treatment provided on “Day 101” is legally invalid and can expose your facility to “slander of title” counter-suits.

  • Our Solution: We audit your itemized bills before filing any liens. We separate “Lien-Eligible” charges from “Standard Collections” to ensure every legal filing is bulletproof.


Our 4-Step “Great Lakes” Recovery System

We have calibrated our recovery model to fit Michigan’s 6-year statute of limitations for contracts and its specific consumer protections.

Phase 1: The No-Fault Triage (Pre-Collection)

Before we demand payment from a patient, we check the “Financial Class” of the debt.

  • Is this an Auto Accident? If yes, we verify if the “One-Year Back” clock is ticking. We don’t harass the patient for a bill that Allstate or State Farm should have paid.

  • Cost: Included in service.

Phase 2: The “Statutory Nudge” (Steps 1 & 2)

  • The Strategy: We send a series of firm, compliant demands. We reference Michigan’s 6-year Statute of Limitations, reminding debtors that this debt will not simply “go away” quickly (unlike in states with shorter windows like PA or DE).

  • The Cost: A simple flat fee (approx. $15/account).

  • The Benefit: You clear out the low-hanging fruit—patients who simply forgot to pay—without paying a commission. You keep 100% of these recoveries.

Phase 3: The Wage Lever (Step 3)

  • The Strategy: If the patient ignores us, we escalate. Michigan law allows garnishment of up to 25% of disposable earnings.

  • The Negotiation: We use this as leverage. “Mr. Jones, a court order could take 25% of your paycheck. Let’s set up a voluntary plan for 10% instead.” This logic works.

  • The Cost: 40% contingency.

Phase 4: Litigation & Maintenance (Step 4)

  • The Strategy: For high-balance accounts, we file suit in the local District Court. Once we get the judgment, we manage the periodic garnishment process, including the mandatory 6-month balance statements, so you don’t have to track them.

  • The Cost: 50% contingency.


Regional Strategy: From Detroit to the U.P.

Michigan is economically diverse. We adjust our tactics based on the patient’s location.

Region Economic Profile Collection Strategy
Southeast (Detroit/Wayne Co.) High Auto Insurance Volume Heavy focus on “No-Fault” coordination and PIP claim verification.
West MI (Grand Rapids) Medical Manufacturing/Service Focus on employer benefit verification; higher success with voluntary payment plans.
Northern MI / U.P. Rural/Tourism We utilize “seasonality” in our calls, knowing cash flow is tighter in winter months for tourism workers.

FAQ: The Executive Summary

Q: Can you collect on a debt that is 5 years old?

A: Yes. Michigan has a 6-year Statute of Limitations for contract disputes (which covers most medical debt). However, collecting on a 5-year-old debt is difficult. We recommend listing accounts at 90-120 days past due for maximum recovery.

Q: What if the patient claims they have “No-Fault” insurance?

A: We stop and verify immediately. If they were in an accident, their auto insurance is likely the primary payer. We request the claim number and adjuster info to file before the 1-year deadline hits.

Q: Do you report to credit bureaus?

A: We can, but with caution. With state-level discussions (Senate Bill 451) proposing to ban medical debt reporting in Michigan, we are shifting our focus to direct contact and legal recovery rather than relying on credit damage.


Click here for a Free Compliance Audit of Your Michigan Claims

Filed Under: Debt Recovery

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